HIGH COURT OF LESOTHO
COMPUTING (PTY) LTD Plaintiff
INDUSTRIAL (PTY) LTD Defendant
by the Hon. Mrs Justice A. M. Hlajoane on 9th August, 2007.
has sued the Defendant for a breach of contract. He alleged that they
entered into a written digital leased line agreement
on or about 25
January, 2002. The terms of that contract amongst others included
that of providing a digital internet by Plaintiff
together with related services. There was a monthly rate payable by
the Defendant to the Plaintiff.
further alleged that the Defendant breached the agreement by failing
to continue with making further monthly payments
for a total of
twenty months since May, 2004. As a consequence of that breach
Plaintiff has cancelled the agreement.
filed their papers in terms of the Rules of Court and pleadings were
closed. In terms of Rule 39 (2) of the High Court Rules
sides approached the office of the Registrar for a date and were duly
allocated a date. A notice of set down was filed.
Plaintiffs Counsel he had served the notice of set down on
Defendant's Counsel's office by pushing it under the door
was no one in the office when service was effected.
day came for the arguing of the matter, Defendant was not in
attendance. Plaintiffs Counsel moved that judgment be granted
terms of Rule 41 (1) of the High Court Rules, as he considered the
claim to be a liquid claim where fixed monthly rates have
paid for a specified period.
has thus granted judgment in terms of Rule 41(1) of the High Court
Rules, in the amount of M276,000 with interest at 18.5%
from date of
issue of summons to date of payment and costs of suit.
Plaintiff: Mr Loubscher
Defendant: Mr Klass
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